Italy is a country located in Southern Europe and it is bordered with the countries of France, Switzerland, Austria, and Slovenia. The state of San Marino is also entirely surrounded by Italy and The Vatican or Vatican City, is a city-state surrounded by Rome, Italy’s capital city located in central-western Italy. Italy also consists of two large islands and a number of other much smaller islands, Italy has long coasts along the Adriatic Sea and Ionian Sea, facing Croatia, Bosnia and Herzegovina, Montenegro, Albania, and Greece. It also has a long coast along the Tyrrhenian Sea and Mediterranean Sea which includes direct access to Spain, Morrocco, Algeria, Tunisia, Libya and others in Africa and the Middle East. Italy also has an enclave in Switzerland and an exclave in Tunisian waters.
Italy’s central geographic location has made it a home for many peoples and cultures over the centuries. These included various ancient peoples before the times of the Romans such as the Indo-European Italics, who existed from the Classical Era, and the Phoenicians and Carthaginians who founded colonies in the area, mostly within Insular Italy. The Greeks also established settlements in the Magna Graecia of Southern Italy. The Etruscans and Celts inhabited Central and Northern Italy respectively.
An Italic Tribe known as the Latins created the Roman Kingdom in the 8th Century BC which eventually expanded into the Roman Republic which even included an elected Senate, one of the earliest known forms of Democracy. Initially the Roman Republic conquered and assimilated its neighbors on the Italian peninsula, and eventually expanded much further including conquering parts of Europe, North Africa, and Asia, leading to the emergence of a dominant power called the Roman Empire by the first century BC. The empire was a leading cultural, political, and religious centre. The Pax Romana was an over two centuries period of golden age for the Empire seeing the development of law, technology, economy, art, and literature.
Italy was the homeland and central territory of the Empire. The Roman Empire left a large legacy of global culture, government, Christianity, and Latin Script. The Roman Empire eventually split into two, the Western Roman Empire and Eastern Roman Empire (Byzantine Empire). The Western half included all of Italy and parts of Western Europe at its height but during the Early Middle Ages the Western Roman Empire fell, and a period of barbarian invasions followed, where various groups of peoples came to Europe including the Huns, Germanic Tribes, early Slavs, and Pannonian Avars.
By the 11th Century AD numerous city-states and maritime republics rose within Italy, mainly in the northern and central regions. These places rose to great prosperity through trade, commerce, and banking, and laid the groundwork for modern capitalism. The city states and maritime republics served as Europe’s main trading hubs with Asia and the Near East. These city states and maritime republics also enjoyed relatively more democracy than other feudal states in Europe at the time.
Within Central Italy also was the theocratic Papal States, Central Italy remained largely feudal until the 19th Century AD, partially due to conquests of the Byzantines, Arabs, Normans, Angevins, Aragonese and others. The Renaissance also begun in Italy before spreading to the rest of Europe, this time period brought renewed interest in humanism, science, exploration, and art. Italian culture created famous scholars, artists, and polymaths. During the Middle Ages explorers from Italy helped to discover new routes in the Far East and the New World, helping to start the European Age of Discovery.
Eventually powers of the states within Italy begun to significantly wane due to the opening of new routes that bypassed the Mediterranean. Foreign meddling and conquest over centuries as well as rivalry and infighting between Italian city-states, which included the Italian Wars of the 15th and 16th Century, made Italy politically fragmented, this made it easy for further conquest and division of its territories among a number of foreign European powers.
It would not be until the mid-19th Century AD that the rise of Italian nationalism and calls for independence from foreign control led to revolutionary political upheaval. By 1861 Italy was almost entirely unified and the Kingdom of Italy was established as a great power. On from late 19th and 20th Century Italy rapidly industrialized, particularly in the North leading to the South becoming mostly impoverished and excluded, creating a diaspora. Italy also created a colonial empire starting in Africa around this time period.
During World War I Italy sided with the Allies, despite having treaties promising support to the German Empire and Austria-Hungary in a war, in what was seen by some as a betrayal. Italy hoped to get a degree of territorial expansion from WW1 but following the war they had only made minimal territorial gain and worse the country entered into a period of economic crisis and social turmoil.
The social and economic conditions played a large role to an Italian Fascist dictatorship that was established and which was led by Benito Mussolini, Fascist Italy expanded the colonial empire in Africa such as by conquering Ethiopia. Then during World War II Fascist Italy joined the side of the Axis Powers, Italy initially occupied Albania but overall saw relative failure during the war. Eventual defeat of the Axis Powers during the war led to renewed economic crisis and the Italian Civil War resulting in the overthrow of fascism and the abolishing of the monarchy, and a democratic republic was installed.
After this Italy enjoyed an economic boom and became a highly developed country, although it has faced economic crises since through the Eurozone crisis, and political issues currently revolve around immigration, nationalism and Euroscepticism.
Italy is a member of the European Union and its official language is Italian, but the country does include many native languages. The largest religion is Roman Catholic and there is a sizeable number who do not identify with any religion. The country’s currency is the Euro and its population is over 60,398,790.
Government Type
Italy is a parliamentary representative democratic republic that includes a mostly ceremonial President as Head of State and a President of the Council of Ministers (Prime Minister) who is Head of Government and holds most of the executive power through the Government. There is also a bicameral parliament which includes the Senate as the upper house and the Chamber of Deputies as the lower house. Multiple parties are allowed.
Italy is known for its political culture of unstable fragmented parliamentary politics, which often result in short-lived coalition governments. This has led some to describe Italy’s democracy as being flawed. On average as it stands Italy has had one new Government every 1.14 years since WW2.
The Executive Government
The President is the Head of State and is mostly a ceremonial position although does have some certain executive powers and a purpose of ensuring the country’s constitution is followed.
Presidential Absence and Vacancy
In all circumstances where the President cannot perform their powers and duties due to temporary or permanent absence or vacancy for any reason the President of the Senate will act as President of the Republic.
If reason is permanent incapacity, death, or resignation of the President of the Republic, then the President of the Chamber of Deputies will call a new election for President of the Republic within 15-days, or possibly longer due to dissolution reasons.
Presidential Duties and Powers
The President may send messages to Parliament. It is the job of the President to authorize introduction of Government bills to the Parliament. Also promulgates laws passed by Parliament and can issue decrees with the force of law and regulations by guidance of constitution and laws. Can call for general referendums as guided by the constitution; appoints state officials as provided for by law; accredits and receives diplomatic representatives, and ratifies which have been approved by the Parliament, if approval was required.
The President presides over the High Council of the Judiciary. The President has the right to grant pardons and commute sentences. The High Council of the Judiciary also includes the first president and general prosecutor of the Court of Cassation by right, two thirds of members are elected by ordinary Judges belonging to various categories, and one-third elected by Parliament sitting in a joint-session from among university professors of law and lawyers with at least 15-years of practice, these elected members remain in office for 4-years and cannot be immediately re-elected.
The above council has jurisdiction over employment, assignments, transfers, promotions, and disciplinary measures of Judges. The Minister of Justice has power to originate disciplinary action.
The Constitutional Court includes 15 Judges, a third nominated by the President of the Republic, a third by the Parliament in a joint-sitting, and a third by ordinary and administrative supreme Courts. They serve for 9-years and cannot be re-appointed.
In consultation of the presiding officers of Parliament, the President can dissolve one or both Houses of Parliament for fresh early elections or ready for usual scheduled elections. The President may not dissolve either parliamentary House early during the last six months of their presidential term.
Writ of the President of the Republic is not valid unless signed by the proposing Minister, who in-turn will then be accountable for it. Writs having force of law and other writs issued by virtue of law must be countersigned by the President of the Council of Ministers (Prime Minister) to have effect.
Presidential Removal
The President is not accountable in actions performed in the exercise of presidential duties, unless in the case of high treason or violation of the constitution. In such a case of high treason or constitutional violation by the President, Parliament has the power to impeach the President in a joint-sitting of both Houses by an absolute majority, in this case proceedings take place in the Constitutional Court who consider the charges brought against the President and decide whether to convict him/her or not, if convicted the President is removed from office.
In the case of a Constitutional Court trying a sitting President the usual 15-Judges will be joined by sixteen other members chosen by lot from among a list of citizens having qualifications necessary for election to the Senate.
The Government and Prime Minister (President of the Council of Ministers)
The Government includes the Prime Minister which the constitution refers to as the President of the Council of Ministers and the Ministers themselves, who are all a part of the Council of Ministers which is the highest executive decision-making body in the Government.
The President of the Council of Ministers is appointed by the President of the Republic following parliamentary elections, specifically the make-up of Parliament will determine the appointment to this position based on who has majority confidence once all is said and done and a working majority, usually a coalition of parties, has been formed.
The President of the Council of Ministers advises the President of the Republic on appointing Ministers. Once Government is formed it must receive the confidence of both Houses of the Parliament. Following this the Houses may withdraw their confidence via motions signed by at least one-tenth of members of that House and later voted on after debate.
Under Article 94 on the 4th paragraph, it states that “An opposing vote by one or both Houses against a Government proposal does not entail an obligation to resign.”
This to me sounds highly ambiguous and I am not entirely sure what this means exactly. Whether it means a Government policy proposal or an actual proposal of the formation of Government. I have not come across this kind of wording before. From what I can understand it is possible potentially either not gaining confidence from one or both Houses does not require resignation or that policy proposals that are opposed by one or both Houses does not entail resignation of Government.
It would be highly odd that not gaining confidence would not entail obligatory resignation as practically every parliamentary democracy with a modern constitution has obligatory government and executive leader resignation at loss of confidence (although usually of the lower house only).
It does say the Government “must” receive confidence to form, so in this case it is at least clear Government cannot form without confidence from both Houses.
The President of the Council of Ministers conducts and holds responsibility for the general policy of Government. He/she ensures coherence of political and administrative policies, by promotion and coordination of Ministers activities.
Ministers are collectively responsible for acts of the Council of Ministers; Ministers are individually responsible for acts of their own ministries. Ministries focus on numerous specified areas for policy and legislative implementation via regulations and so on.
The National Council of Economics and Labour exists as a consultative body for the Government nad Parliament.
Emergency Provisions
Under the correct principles and criteria legislative function can be delegated to the Government, this function will only be for a limited time and only used for limited purposes. The Government may adopt a temporary measure due to necessity or urgency, such a measure while in effect will be introduced to Parliament (if it is dissolved it will reconvene within 5-days). The measure will lose effect if Parliament has not transposed it into law within 60-days.
Parliament has the authority to declare a state of war and vest necessary powers into the Government.
The Legislative Government
Italy’s parliamentary system is a bicameral one where there is a lower house and an upper house, these are the Chamber of Deputies and Senate respectively.
Their main purpose is to have legislation, motions, and such introduced, debated, and possibly amended and then either passed or rejected, legislation introduced and voted through one house goes to the other house before it is legible for signing into law, legislation that originated in one house that is amended in the other will be returned to the originating house for approval, if rejected the amendment is removed and sent back to the other house, if accepted the legislation passes for signing.
Both houses elect a President of their House and a respective Bureau from among their members, this takes place following parliamentary elections. The President presides over the Houses, representing them in impartial manner and making sure internal rules are followed and order is maintained. The Bureau exists for executive management of the House and determination of agenda.
When the parliament sits in a joint-session the President of the Chamber of Deputies is the President of the Joint-Sitting and the Bureau of the Chamber of Deputies is the Bureau of the Joint-Sitting.
Houses adopt their internal rules via absolute majority of members.
Members of Government including those who are not members of either House may attend sessions of either House and be heard.
Legislation can be introduced by the Government, by members of the Parliament, and by entities and bodies so empowered by constitutional amendment law. The people may also initiate legislation by proposing bill drawn up in sections and that is signed by at least 50k registered voters.
Legislation is scrutinized first by the respective Committee, then by the whole House it was introduced in, which considers it section by section before a final vote, where then it moves to the next House. Rules exist for quicker procedure for bills declared urgent.
Rules may also establish when and how consideration and approval of bills may be reffered to Committees, including Standing Committees, composed reflecting proportion of Parliamentary Groups. Until moments of its final approval such bills may still be reffered back to the whole House, if Government or at least one-tenth of members of the House or one-fifth of the respective Committee request it be debated and voted on by the House itself or that it face final approval in the House.
Ordinary procedure must be followed in regard for consideration and direct approval by the House in the case of bills on constitutional and electoral matters, delegation of legislation, ratification of international treaties, and approval of budgets and accounts.
Upon legislation being fully passed by Parliament it will go to the President of the Republic for promulgation, which must be given within a month of its passage, unless urgency is declared by both Houses. The President can send a reasoned opinion to request reconsideration of a passed law, but if the law is passed again the President must promulgate it within the given time period.
Referendums can be held for repealing a law in whole or part if requested by at least 500k registered voters or at least five Regional councils. Referendums cannot be held to repeal laws regulating taxes, the budget, amnesty, or pardon, or a law that ratified an international treaty.
Parliament has the power to grant amnesty and pardons, each requires two-thirds majorities on all sections and on the final vote.
Parliament annually adopts the state budget introduced by the Government; it is adopted via an absolute majority in both Houses.
Both Houses can form Committees of Enquiry that reflect proportionally the Houses Parliamentary Groups. Such enquiries are for matters of a public interest. Such committees can conduct investigations and examinations with the same powers and limitations of the judiciary.
Chamber of Deputies
The Chamber of Deputies, the lower house, currently has 630 members, although a 2020 constitutional amendment will soon change this to 400. 618 of the seats are divided up within multi-seat electoral districts based on a population mathematical formula by dividing number of inhabitants from latest Census by 618 and distributing the seats in proportion to the population in each district on basis of whole shares and highest remainders, the remaining 12 seats are for citizens living overseas. Note that mathematical formula will be population divided by 392 and overseas seats will be 8 when 2020 amendment is implemented.
Senate
The Senate, the upper house, currently has 321 members six of whom are for overseas election and five appointed for life + any Ex-Presidents can be ex-officio members for life. Members (excluding overseas members) are divided among Regions, with each allowed no less than seven senators, excluding Molise which is limited to two senators and Valle d’Aosta limited to one senator. Division of senators uses the same formula as the House of Deputies (Italian population divided by 309 and divided proportionally among Regions based on whole shares and highest remainders.)
The 2020 amendment will change the number of seats to 206 with 4 elected overseas and five appointed for life with any Ex-Presidents who choose to be ex-officio members for life, this would be Italian population divided by 196, and under this no Region can have less than three Senators, but the same limitations are kept in place for Molise and Valle d’Aosta.
The Electoral System
Presidential elections happen every 7-years, in this the Parliament will sit in a joint-session of both Houses to nominate candidates and elect a President. A candidate requires a two-thirds majority to win outright in the 1st or 2nd ballot but if there is a 3rd ballot a candidate can instead win by getting an absolute majority.
Regional Councils also send three delegates each to the presidential election to vote as well, except for Valle d’Aosta which only sends one delegate.
Candidates for President must be a citizen who is at least 50-years-old and who enjoys all their civil and political rights. Office of President is incompatible with all other offices.
Elections for the Chamber of Deputies take place every 5-years. The system uses parallel voting which means it has a mixed electoral system, 232 of the seats are elected using first-past-the-post where only a simple majority is needed to win, while 386 seats and the 12 overseas seats are elected using the proportional representative D’Hondt method, where parties who obtain at least 3% threshold of votes are guaranteed a proportional share of seats.
Once the 2020 amendment is implemented it is unclear whether parallel voting will be kept in this general fashion or if proportional representation will be entirely adopted. Likely it will be subject to legislative decision rather than constitutional. It could simply just be kept the same, having 37% of seats elected via FPTP and 63% of seats via proportional representation.
Candidates who stand for election for the Chamber of Deputies must be an Italian citizen who is at least 25-years-old.
For the Senate elections happen every 5-years. Currently 315 members are elected also via parallel voting mixed between FPTP and D’Hondt PR. 116 members are elected via FPTP and 199 including the six overseas seats via PR where the threshold is 3% for guaranteed proportional representation. Five senators also hold seats for life, when they die or resign etc, they are replaced by appointment of the President for those who are considered of distinguished service and so on. Ex-Presidents also are ex-officio members of the Senate for life unless they renounce their seat, as it stands there is one ex-President serving as a senator for life, giving a total member count of 321.
One the 2020 amendment is implemented it is unclear whether parallel voting will be kept in this general fashion or if proportional representation will be entirely adopted. Likely it will be subject to legislative decision rather than constitutional. It could simply just be kept the same, having 37% of seats elected via FPTP and 63% of seats via PR.
Candidates who stand for election for the Senate must be an Italian citizen who is at least 40-years-old. It is also of note that only registered voters who are at least 25-years-old may vote in Senate elections, this is different to other elections in Italy which is limited to citizens who are at least 18-years-old. This is very unique.
Sources
The source for this constitution comes from Italy’s 1947 constitution with amendments through to 2012 (constituteproject.org) and I have also included the 2020 amendment changes that are yet to be implemented, and so should be as up to date as possible but there is a chance, I may have misinterpreted something or missed other things and the constitution may be amended again at some point in the future, as such cross-research is recommended if using this in a serious capacity.
The country’s constitution can be amended via adoption of constitutional laws following required debates in both Houses, and then receive passage via absolute majority vote of each House. A referendum may be held to confirm the amendments if such a request is made by at least one-fifth of the members of a House, or at least 500k registered voters, or by at least five Regional Councils. A referendum cannot be held if the amendments were approved by at least two-thirds majority in both Houses. Republic form of Government cannot be amended.
Next up will be the Government system of Jamaica.
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